H.R. 823 — what changed

Designation— Subject to valid existing rights, the approximately 28,676 acres of Federal land in the White River National Forest in the State, as generally depicted as “Proposed Camp Hale National Historic Landscape” on the map entitled “Camp Hale National Historic Landscape Proposal” and dated June 24, 2019, are designated the “Camp Hale National Historic Landscape”.

Purposes— The purposes of the Historic Landscape are—

to provide for—

the interpretation of historic events, activities, structures, and artifacts of the Historic Landscape, including with respect to the role of the Historic Landscape in local, national, and world history;

the historic preservation of the Historic Landscape, consistent with—

the designation of the Historic Landscape as a national historic site; and

the other purposes of the Historic Landscape;

recreational opportunities, with an emphasis on the activities related to the historic use of the Historic Landscape, including skiing, snowshoeing, snowmobiling, hiking, horseback riding, climbing, other road- and trail-based activities, and other outdoor activities; and

the continued environmental remediation and removal of unexploded ordnance at the Camp Hale Formerly Used Defense Site and the Camp Hale historic cantonment area; and

to conserve, protect, restore, and enhance for the benefit and enjoyment of present and future generations the scenic, watershed, and ecological resources of the Historic Landscape.

In general— The Secretary shall manage the Historic Landscape in accordance with—

the purposes of the Historic Landscape described in subsection (b); and

any other applicable laws (including regulations).

In general— Not later than 5 years after the date of enactment of this Act, the Secretary shall prepare a management plan for the Historic Landscape.

Contents— The management plan prepared under subparagraph (A) shall include plans for—

improving the interpretation of historic events, activities, structures, and artifacts of the Historic Landscape, including with respect to the role of the Historic Landscape in local, national, and world history;

managing recreational opportunities, including the use and stewardship of—

the road and trail systems; and

dispersed recreation resources;

the conservation, protection, restoration, or enhancement of the scenic, watershed, and ecological resources of the Historic Landscape, including conducting the restoration and enhancement project under subsection (d); and

environmental remediation and, consistent with subsection (e)(2), the removal of unexploded ordnance.

Explosive hazards— The Secretary shall provide to the Secretary of the Army a notification of any unexploded ordnance (as defined in section 101(e) of title 10, United States Code) that is discovered in the Historic Landscape.

In general— The Secretary shall conduct a restoration and enhancement project in the Historic Landscape—

to improve aquatic, riparian, and wetland conditions in and along the Eagle River and tributaries of the Eagle River;

to maintain or improve recreation and interpretive opportunities and facilities; and

to conserve historic values in the Camp Hale area.

Coordination— In carrying out the project described in paragraph (1), the Secretary shall coordinate with—

the United States Army Corps of Engineers;

the Camp Hale-Eagle River Headwaters Collaborative Group;

the National Forest Foundation;

the Colorado Department of Public Health and Environment;

the Colorado State Historic Preservation Office;

units of local government; and

other interested organizations and members of the public.

In general— The Secretary of the Army shall continue to carry out the projects and activities of the Department of the Army in existence on the date of enactment of this Act relating to cleanup of—

the Camp Hale Formerly Used Defense Site; or

the Camp Hale historic cantonment area.

In general— The Secretary of the Army may remove unexploded ordnance (as defined in section 101(e) of title 10, United States Code) from the Historic Landscape, as the Secretary of the Army determines to be appropriate in accordance with applicable law (including regulations).

Action on receipt of notice— On receipt from the Secretary of a notification of unexploded ordnance under subsection (c)(3), the Secretary of the Army may remove the unexploded ordnance in accordance with—

the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code;

the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and

any other applicable provision of law (including regulations).

Effect of subsection— Nothing in this subsection modifies any obligation in existence on the date of enactment of this Act relating to environmental remediation or removal of any unexploded ordnance located in or around the Camp Hale historic cantonment area, the Camp Hale Formerly Used Defense Site, or the Historic Landscape, including such an obligation under—

the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code;

the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or

any other applicable provision of law (including regulations).

Interagency agreement— The Secretary and the Secretary of the Army shall enter into an agreement—

to specify—

the activities of the Secretary relating to the management of the Historic Landscape; and

the activities of the Secretary of the Army relating to environmental remediation and the removal of unexploded ordnance in accordance with subsection (e) and other applicable laws (including regulations); and

to require the Secretary to provide to the Secretary of the Army, by not later than 1 year after the date of enactment of this Act and periodically thereafter, as appropriate, a management plan for the Historic Landscape for purposes of the removal activities described in subsection (e).

Effect— Nothing in this section—

affects the jurisdiction of the State over any water law, water right, or adjudication or administration relating to any water resource;

affects any water right in existence on or after the date of enactment of this Act, or the exercise of such a water right, including—

a water right under an interstate water compact (including full development of any apportionment made in accordance with such a compact);

a water right decreed within, above, below, or through the Historic Landscape;

a water right held by the United States;

the management or operation of any reservoir, including the storage, management, release, or transportation of water; and

the construction or operation of such infrastructure as is determined to be necessary by an individual or entity holding water rights to develop and place to beneficial use those rights, subject to applicable Federal, State, and local law (including regulations);

constitutes an express or implied reservation by the United States of any reserved or appropriative water right;

alters or limits—

a permit held by a ski area;

the implementation of activities governed by a ski area permit; or

the authority of the Secretary to modify or expand an existing ski area permit;

prevents the Secretary from closing portions of the Historic Landscape for public safety, environmental remediation, or other use in accordance with applicable laws; or

affects—

any special use permit in effect on the date of enactment of this Act; or

the renewal of a permit described in subparagraph (A).

In general— There is established in the general fund of the Treasury a special account, to be known as the “Camp Hale Historic Preservation and Restoration Fund”.

Authorization of appropriations— There is authorized to be appropriated to the Camp Hale Historic Preservation and Restoration Fund $10,000,000, to be available to the Secretary until expended, for activities relating to historic interpretation, preservation, and restoration carried out in and around the Historic Landscape.

Fish and wildlife— Nothing in this title affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State.

In general— Nothing in this title or an amendment made by this title establishes a protective perimeter or buffer zone around—

a covered area;

a wilderness area or potential wilderness area designated by section 103;

the Recreation Management Area;

a Wildlife Conservation Area; or

the Historic Landscape.

Outside activities— The fact that a nonwilderness activity or use on land outside of a covered area can be seen or heard from within the covered area shall not preclude the activity or use outside the boundary of the covered area.

In general— As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of each area described in subsection (b)(1) with—

the Committee on Natural Resources of the House of Representatives; and

the Committee on Energy and Natural Resources of the Senate.

Force of law— Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any typographical errors in the maps and legal descriptions.

Public availability— Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

In general— The Secretary may acquire any land or interest in land within the boundaries of an area described in subsection (b)(1) only through exchange, donation, or purchase from a willing seller.

Management— Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness area, Recreation Management Area, Wildlife Conservation Area, or Historic Landscape, as applicable, in which the land or interest in land is located.

Withdrawal— Subject to valid rights in existence on the date of enactment of this Act, the areas described in subsection (b)(1) are withdrawn from—

entry, appropriation, and disposal under the public land laws;

location, entry, and patent under mining laws; and

operation of the mineral leasing, mineral materials, and geothermal leasing laws.

Military overflights— Nothing in this title or an amendment made by this title restricts or precludes—

any low-level overflight of military aircraft over any area subject to this title or an amendment made by this title, including military overflights that can be seen, heard, or detected within such an area;

flight testing or evaluation over an area described in paragraph (1); or

the use or establishment of—

any new unit of special use airspace over an area described in paragraph (1); or

any military flight training or transportation over such an area.

Withdrawal— Subject to valid existing rights, the Thompson Divide Withdrawal and Protection Area is withdrawn from—

entry, appropriation, and disposal under the public land laws;

location, entry, and patent under the mining laws; and

operation of the mineral leasing, mineral materials, and geothermal leasing laws.

Surveys— The exact acreage and legal description of the Thompson Divide Withdrawal and Protection Area shall be determined by surveys approved by the Secretary, in consultation with the Secretary of Agriculture.

Establishment— There is established in the Bureau of Land Management a pilot program, to be known as the “Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program”.

Purpose— The purpose of the pilot program is to promote the capture, beneficial use, mitigation, and sequestration of fugitive methane emissions—

to reduce methane emissions;

to promote economic development;

to produce bid and royalty revenues;

to improve air quality; and

to improve public safety.

In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a plan—

to complete an inventory of fugitive methane emissions in accordance with subsection (b);

to provide for the leasing of fugitive methane emissions in accordance with subsection (c); and

to provide for the capping or destruction of fugitive methane emissions in accordance with subsection (d).

Coordination— In developing the plan under this paragraph, the Secretary shall coordinate with—

the State;

Garfield, Gunnison, Delta, and Pitkin Counties in the State;

lessees of Federal coal within the counties referred to in clause (ii);

interested institutions of higher education in the State; and

interested members of the public.

In general— Not later than 1 year after the date of enactment of this Act, the Secretary shall complete an inventory of fugitive methane emissions.

Conduct— The Secretary may conduct the inventory under paragraph (1) through, or in collaboration with—

the Bureau of Land Management;

the United States Geological Survey;

the Environmental Protection Agency;

the United States Forest Service;

State departments or agencies;

Garfield, Gunnison, Delta, or Pitkin County in the State;

the Garfield County Federal Mineral Lease District;

institutions of higher education in the State;

lessees of Federal coal within a county referred to in subparagraph (F);

the National Oceanic and Atmospheric Administration;

the National Center for Atmospheric Research; or

other interested entities, including members of the public.

Contents— The inventory under paragraph (1) shall include—

the general location and geographic coordinates of each vent, seep, or other source producing significant fugitive methane emissions;

an estimate of the volume and concentration of fugitive methane emissions from each source of significant fugitive methane emissions including details of measurements taken and the basis for that emissions estimate;

an estimate of the total volume of fugitive methane emissions each year;

relevant data and other information available from—

the Environmental Protection Agency;

the Mine Safety and Health Administration;

Colorado Department of Natural Resources;

Colorado Public Utility Commission;

Colorado Department of Health and Environment; and

Office of Surface Mining Reclamation and Enforcement; and

such other information as may be useful in advancing the purposes of the pilot program.

Public participation— The Secretary shall provide opportunities for public participation in the inventory under this subsection.

Availability— The Secretary shall make the inventory under this subsection publicly available.

Disclosure— Nothing in this subsection requires the Secretary to publicly release information that—

poses a threat to public safety;

is confidential business information; or

is otherwise protected from public disclosure.

Use— The Secretary shall use the inventory in carrying out—

the leasing program under subsection (c); and

the capping or destruction of fugitive methane emissions under subsection (d).

In general— Subject to valid existing rights and in accordance with this section, not later than 1 year after the date of completion of the inventory required under subsection (b), the Secretary shall carry out a program to encourage the use and destruction of fugitive methane emissions.

In general— The Secretary shall authorize the holder of a valid existing Federal coal lease for a mine that is producing fugitive methane emissions to capture for use, or destroy by flaring, the fugitive methane emissions.

Conditions— The authority under subparagraph (A) shall be—

subject to valid existing rights; and

subject to such terms and conditions as the Secretary may require.

Limitations— The program carried out under paragraph (1) shall only include fugitive methane emissions that can be captured for use, or destroyed by flaring, in a manner that does not—

endanger the safety of any coal mine worker; or

unreasonably interfere with any ongoing operation at a coal mine.

In general— The Secretary shall work cooperatively with the holders of valid existing Federal coal leases for mines that produce fugitive methane emissions to encourage—

the capture of fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, transforming the fugitive methane emissions into a different marketable material; or

if the beneficial use of the fugitive methane emissions is not feasible, the destruction of the fugitive methane emissions by flaring.

Guidance— In furtherance of the purposes of this paragraph, not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance for the implementation of Federal authorities and programs to encourage the capture for use, or destruction by flaring, of fugitive methane emissions while minimizing impacts on natural resources or other public interest values.

Royalties— The Secretary shall determine whether any fugitive methane emissions used or destroyed pursuant to this paragraph are subject to the payment of a royalty under applicable law.

In general— Except as otherwise provided in this section, notwithstanding section 303, subject to valid existing rights, and in accordance with section 21 of the Mineral Leasing Act (30 U.S.C. 241) and any other applicable law, the Secretary shall—

authorize the capture for use, or destruction by flaring, of fugitive methane emissions from abandoned coal mines on Federal land; and

make available for leasing such fugitive methane emissions from abandoned coal mines on Federal land as the Secretary considers to be in the public interest.

Source— To the maximum extent practicable, the Secretary shall offer for lease each significant vent, seep, or other source of fugitive methane emissions from abandoned coal mines.

Bid qualifications— A bid to lease fugitive methane emissions under this paragraph shall specify whether the prospective lessee intends—

to capture the fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, transforming the fugitive methane emissions into a different marketable material;

to destroy the fugitive methane emissions by flaring; or

to employ a specific combination of—

capturing the fugitive methane emissions for beneficial use; and

destroying the fugitive methane emission by flaring.

Considerations— In determining the public interest under clause (i), the Secretary shall take into consideration—

the size of the overall decrease in the time-integrated radiative forcing of the fugitive methane emissions;

the impacts to other natural resource values, including wildlife, water, and air; and

other public interest values, including scenic, economic, recreation, and cultural values.

In general— The Secretary shall develop and provide to prospective bidders a lease form for leases issued under this paragraph.

Due diligence— The lease form developed under clause (i) shall include terms and conditions requiring the leased fugitive methane emissions to be put to beneficial use or flared by not later than 1 year after the date of issuance of the lease.

Royalty rate— The Secretary shall develop a minimum bid and royalty rate for leases under this paragraph to advance the purposes of this section, to the maximum extent practicable.

Sequestration— If, by not later than 4 years after the date of enactment of this Act, any significant fugitive methane emissions from abandoned coal mines on Federal land are not leased under subsection (c)(3), the Secretary shall, in accordance with applicable law, take all reasonable measures—

to cap those fugitive methane emissions at the source in any case in which the cap will result in the long-term sequestration of all or a significant portion of the fugitive methane emissions; or

if sequestration under paragraph (1) is not feasible, destroy the fugitive methane emissions by flaring.

Report to Congress— Not later than 4 years after the date of enactment of this Act the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report detailing—

the economic and environmental impacts of the pilot program, including information on increased royalties and estimates of avoided greenhouse gas emissions; and

any recommendations by the Secretary on whether the pilot program could be expanded geographically to include other significant sources of fugitive methane emissions from coal mines.

Establishment— Effective beginning on the earlier of the date on which the Secretary approves a request under subsection (c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Curecanti National Recreation Area, in accordance with this Act, consisting of approximately 50,667 acres of land in the State, as generally depicted on the map as “Curecanti National Recreation Area Proposed Boundary”.

Availability of map— The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

In general— The Secretary shall administer the National Recreation Area in accordance with—

this title; and

the laws (including regulations) generally applicable to units of the National Park System, including section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code.

In general— Nothing in this title affects or interferes with the authority of the Secretary—

to operate the Uncompahgre Valley Reclamation Project under the reclamation laws;

to operate the Wayne N. Aspinall Unit of the Colorado River Storage Project under the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620 et seq.); or

under the Federal Water Project Recreation Act (16 U.S.C. 460l–12 et seq.).

Submission of request to retain administrative jurisdiction— If, before the date that is 1 year after the date of enactment of this Act, the Commissioner of Reclamation submits to the Secretary a request for the Commissioner of Reclamation to retain administrative jurisdiction over the minimum quantity of land within the land identified on the map as “Lands withdrawn or acquired for Bureau of Reclamation projects” that the Commissioner of Reclamation identifies as necessary for the effective operation of Bureau of Reclamation water facilities, the Secretary may—

approve, approve with modifications, or disapprove the request; and

if the request is approved under subclause (I), make any modifications to the map that are necessary to reflect that the Commissioner of Reclamation retains management authority over the minimum quantity of land required to fulfill the reclamation mission.

In general— Administrative jurisdiction over the land identified on the map as “Lands withdrawn or acquired for Bureau of Reclamation projects”, as modified pursuant to clause (i)(II), if applicable, shall be transferred from the Commissioner of Reclamation to the Director of the National Park Service by not later than the date that is 1 year after the date of enactment of this Act.

In general— Subject to item (bb), the Commissioner of Reclamation shall retain access to the land transferred to the Director of the National Park Service under subclause (I) for reclamation purposes, including for the operation, maintenance, and expansion or replacement of facilities.

Memorandum of understanding— The terms of the access authorized under item (aa) shall be determined by a memorandum of understanding entered into between the Commissioner of Reclamation and the Director of the National Park Service not later than 1 year after the date of enactment of this Act.

In general— The Secretary may enter into management agreements, or modify management agreements in existence on the date of enactment of this Act, relating to the authority of the Director of the National Park Service, the Commissioner of Reclamation, the Director of the Bureau of Land Management, or the Chief of the Forest Service to manage Federal land within or adjacent to the boundary of the National Recreation Area.

State land— The Secretary may enter into cooperative management agreements for any land administered by the State that is within or adjacent to the National Recreation Area, in accordance with the cooperative management authority under section 101703 of title 54, United States Code.

Authorization— Except as provided in subparagraph (B), the Secretary shall allow boating, boating-related activities, hunting, and fishing in the National Recreation Area in accordance with applicable Federal and State laws.

In general— The Secretary, acting through the Superintendent of the National Recreation Area, may designate zones in which, and establish periods during which, no boating, hunting, or fishing shall be permitted in the National Recreation Area under subparagraph (A) for reasons of public safety, administration, or compliance with applicable laws.

Consultation required— Except in the case of an emergency, any closure proposed by the Secretary under clause (i) shall not take effect until after the date on which the Superintendent of the National Recreation Area consults with—

the appropriate State agency responsible for hunting and fishing activities; and

the Board of County Commissioners in each county in which the zone is proposed to be designated.

Landowner assistance— On the written request of an individual that owns private land located not more than 3 miles from the boundary of the National Recreation Area, the Secretary may work in partnership with the individual to enhance the long-term conservation of natural, cultural, recreational, and scenic resources in and around the National Recreation Area—

by acquiring all or a portion of the private land or interests in private land located not more than 3 miles from the boundary of the National Recreation Area by purchase, exchange, or donation, in accordance with section 403;

by providing technical assistance to the individual, including cooperative assistance;

through available grant programs; and

by supporting conservation easement opportunities.

Withdrawal— Subject to valid existing rights, all Federal land within the National Recreation Area is withdrawn from—

entry, appropriation, and disposal under the public land laws;

location, entry, and patent under the mining laws; and

operation of the mineral leasing, mineral materials, and geothermal leasing laws.

In general— If State land acquired under this title is subject to a State grazing lease in effect on the date of acquisition, the Secretary shall allow the grazing to continue for the remainder of the term of the lease, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements.

Access— A lessee of State land may continue its use of established routes within the National Recreation Area to access State land for purposes of administering the lease if the use was permitted before the date of enactment of this Act, subject to such terms and conditions as the Secretary may require.

State and private land— The Secretary may, in accordance with applicable laws, authorize grazing on land acquired from the State or private landowners under section 403, if grazing was established before the date of acquisition.

Private land— On private land acquired under section 403 for the National Recreation Area on which authorized grazing is occurring before the date of enactment of this Act, the Secretary, in consultation with the lessee, may allow the continuation and renewal of grazing on the land based on the terms of acquisition or by agreement between the Secretary and the lessee, subject to applicable law (including regulations).

Federal land— The Secretary shall—

allow, consistent with the grazing leases, uses, and practices in effect as of the date of enactment of this Act, the continuation and renewal of grazing on Federal land located within the boundary of the National Recreation Area on which grazing is allowed before the date of enactment of this Act, unless the Secretary determines that grazing on the Federal land would present unacceptable impacts (as defined in section 1.4.7.1 of the National Park Service document entitled “Management Policies 2006: The Guide to Managing the National Park System”) to the natural, cultural, recreational, and scenic resource values and the character of the land within the National Recreation Area; and

retain all authorities to manage grazing in the National Recreation Area.

Termination of leases— Within the National Recreation Area, the Secretary may—

accept the voluntary termination of a lease or permit for grazing; or

in the case of a lease or permit vacated for a period of 3 or more years, terminate the lease or permit.

Water rights— Nothing in this title—

affects any use or allocation in existence on the date of enactment of this Act of any water, water right, or interest in water;

affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;

affects any interstate water compact in existence on the date of enactment of this Act;

In general— Nothing in this title diminishes or alters the fish and wildlife program for the Aspinall Unit developed under section 8 of the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (70 Stat. 110, chapter 203; 43 U.S.C. 620g), by the United States Fish and Wildlife Service, the Bureau of Reclamation, and the Colorado Division of Wildlife (including any successor in interest to that division) that provides for the acquisition of public access fishing easements as mitigation for the Aspinall Unit (referred to in this paragraph as the “program”).

Acquisition of fishing easements— The Secretary shall continue to fulfill the obligation of the Secretary under the program to acquire 26 miles of class 1 public fishing easements to provide to sportsmen access for fishing within the Upper Gunnison Basin upstream of the Aspinall Unit, subject to the condition that no existing fishing access downstream of the Aspinall Unit shall be counted toward the minimum mileage requirement under the program.

Plan— Not later than 1 year after the date of enactment of this Act, the Secretary shall—

develop a plan for fulfilling the obligation of the Secretary described in subparagraph (B); and

submit to Congress a report that—

includes the plan developed under clause (i); and

describes any progress made in the acquisition of public access fishing easements as mitigation for the Aspinall Unit under the program.